WARREN ELWOOD FORBES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1970-03-31
No. N-109
Johnson, Chief Judge, Wigginton, J., Spector, J., Murphree, J.
233 So. 2d 414 Florida District Court of Appeal, First District (1970)

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Synopsis

Affirmed conviction for possession of a weapon while imprisoned; trial court properly denied motion to vacate where defendant received adequate counsel and entered a voluntary guilty plea.


Holding

A trial court properly denies a motion to vacate a conviction where the defendant received adequate representation and entered a voluntary guilty plea.


Headnotes

[1] A trial court does not abuse its discretion in refusing a defendant's request to be represented by the Public Defender and instead appointing outside counsel, provided th…

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Facts & Procedural History

Appellant was convicted of possession of a weapon while an inmate at the State prison at Raiford and sentenced to four years by Judge Murphree.…

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Opinion of the Court
JOHNSON, Chief Judge.

JOHNSON, Chief Judge.

Appellant was convicted of possession of a weapon while an inmate of the State prison at Raiford, and sentenced to four years by Judge Murphree of the Eight Judicial Circuit. The appeal is from an order denying appellant’s motion to vacate and set aside judgment.

The appellant has requested in writing that this court render its opinion from the record and without brief of the appellant or oral argument.

We have reviewed the record of the trial of this appellant. He specifically requested that the Public Defender and an assistant be precluded from representing him. The trial court refused to let the defendant choose an attorney, but did appoint an “outside” attorney to represent the defendant. Motion for change of venue was filed by the new attorney but was denied. Then in open court the defendant, assisted by counsel, who was commended by the defendant for his diligent work on the case, changed his plea from not guilty to guilty. The trial court went into considerable detail at that time as to the voluntariness of the plea of guilty and we are convinced he was adequately represented at that time.

The motion to vacate did not contain any meritorious grounds and we are of the opinion and so hold that the trial court was correct.

The order appealed from is therefore affirmed.

WIGGINTON and SPECTOR, JJ., concur.


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